I. Purpose
The purpose of this Procedure is to implement a process to comply with the Third-Party Providers Policy and Procedures of the Middle States Commission on Higher Education.
II. Scope and Applicability
This Procedure applies to the review, approval, assessments and disclosures of Arrangements between the College and Third-Party Providers.
III. Definitions
All capitalized terms in these Procedures have the following meanings:
A. Arrangements with Third-Party Providers include:
1. Written Arrangements and
2. Contracts
when such arrangements are engaged by the College as a whole, and not by individual faculty or staff members.
B. Articulation Agreement. An agreement between or among the College and another institution of higher education that specifies the acceptability of courses in transfer toward meeting specific degree or program requirements.
C. Contracts are contracts between the College and Third-Party Providers, but for purposes of this Procedure, do not include contracts that are solely for goods, books, supplies, products, equipment, or software programs.
D. Contract Management System means the internal system by which the College reviews, manages, and maintains Contracts and Written Arrangements entered into by the College as described in the Guidelines for Contract Review.
E. Middle States means the Middle States Commission on Higher Education.
F. Third-Party Providers. An entity, institution or organization that has a Contract or Written Arrangement to provide services to the College. A Third-Party Provider is considered ineligible if it is not accredited by a United States Department of Education (USDE) recognized accreditor and is not certified to participate in Title IV programs.
G. Transfer Agreement. An agreement typically between the College and an institution of higher education within the same service area that specifies the conditions under which students at the College may transfer to the other higher education institution.
H. Written Arrangement. A Written Arrangement means an arrangement in which the College outsources some portion of one or more of its educational programs or educational business operations to a Third-Party Provider that is not accredited. These included, but are not limited to arrangements concerning:
• The delivery of student learning opportunities such as non-credit, workforce development, internships, clinical experiences, student teaching, and/or credit-bearing educational programs;
• Student support services such as advising, counseling, tutoring, international student management (such as English as a Second Language (ESL) support), marketing, recruitment, advertising, campus safety, and food or dining services;
• Services for the assessment of student learning; and
• Operational or business functions of the institution such as procurement, information technology, or human resources.
IV. Procedure Provisions
A. Review and approval of Arrangements with Third-Party Providers.
1. Review of Arrangements with Third-Party Providers will be conducted by appropriately credentialed employees of the College, including employees within the Office of the General Counsel and the Office of Purchasing and Contracting, in accordance with the Contract Review Guidelines and any institutional policies or procedures relating to contract review and approval.
2. The College will ascertain and obtain all internal and external approval requirements for Arrangements with Third-Party Providers that are required, including but not limited to approvals from the appropriate governing body, state or system administration, government, accrediting agencies, or other legal entities.
3. The content of the Written Arrangement, Contract, Articulation Agreement, and Transfer Agreement between the institution and the Third-Party Provider will address the following, at a minimum:
• Description of the services provided by the College;
• Description of the services provided by the Third-Party Provider, including how such services will be delivered;
• Period of the agreement;
• Institution that will award credit and degree(s), if applicable;
• Compensation for services by each party, including compensation of faculty, if any;
• Terms of evaluation and conditions under which the Arrangement may be terminated and/or renewed;
• Protections for students if Arrangement is terminated or amended, if applicable;
• Protections for the secure maintenance of student records, if applicable;
• Procedures for addressing grievances relating to such Arrangements; and
• Venue(s) for addressing perceived breach of contract, including appropriate legal jurisdiction.
B. Disclosures of Written Arrangements with Third-Party Providers
The College will provide disclosures regarding Written Arrangements as required by Middle States when a portion of an educational program is delivered by a Third-Party Provider, via website and program publication, including the following information, at a minimum:
1. A description of the Written Arrangement, in clear, concise, student-focused language;
2. Information related to the portion of the educational program that the other entity will provide;
3. Method of delivery for the portion of the program that the College does not provide; and
4. Estimated additional costs that students may incur as a result of enrolling in a program offered through the Written Arrangement.
C. Assessments of Third-Party Providers
The College will regularly assess and evaluate Third-Party Providers and the implementation of any student learning opportunities, student support services, and/or assessment services designed, delivered, or assessed by Third-Party Providers. Assessment and evaluation of Third-Party Providers will be conducted by appropriately credentialed representatives from the College, under the direction of the Policy Administrator.
Procedure Title: Third-Party Providers Procedure
Policy Category: Administrative, Business and Fiscal Affairs
Policy Owner: Provost/Vice President for Learning
Policy Administrator: Associate Vice President for Learning and Academic Affairs
Contact Information: Dr. Tina Smith; ksmith56@aacc.edu; 410-777-2776
Approval Date: March 31, 2025
Effective Date: April 1, 2025
History: N/A
Applies to: Employees of the College
Related Policies: N/A
Related Procedures: N/A
Forms/Guidelines:
Relevant Laws: Middle States Commission on Higher Education Third-Party Provider Policy and Procedure, January 1, 2024.